Analyze de following dispute settleman, give a summary, and stablish: Positions

Question

Analyze de following dispute settleman, give a summary, and stablish:
Positions of the parties
Issue before the court
Outcome Please
see the link for full setlement: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds359_e.htm

Summary of the dispute to date

The summary below was up-to-date at 24 February 2010

Consultations

Complaint by Mexico. (See also dispute DS358)

On 26 February 2007, Mexico requested consultations with China concerning measures granting refunds, reductions or exemptions from taxes and other payments owed to the Government by enterprises in China.

The request for consultations identifies various measures, including any amendments and any related or implementing measures. Mexico considers the measures in question to be inconsistent with Article 3 of the SCM Agreement in that they provide refunds, reductions or exemptions to enterprises in China on the condition that those enterprises purchase domestic over imported goods, or on the condition that those enterprises meet certain export performance criteria. Further, Mexico claims that, to the extent the measures accord imported products treatment less favourable than that accorded “like” domestic products, they are inconsistent with Article III:4 of the GATT 1994 and Article 2 of the TRIMs Agreement. Mexico also claims that the measures do not comply with China's obligations under paras. 7.2-7.3 and 10.3 of Part I of its Accession Protocol, as well as para. 1.2 (to the extent that it incorporates paras. 167 and 203 of the Report of the Working Party on the Accession of China), which forms part of the terms of accession agreed between China and the WTO and is an integral part of the WTO Agreement.

Australia, the European Communities, Japan and the United States requested to join the consultations. China informed the DSB that it had accepted the requests of Australia, the European Communities, Japan and the United States to join the consultations.

On 4 May 2007, Mexico requested supplemental consultations to take into account China's recently adopted new income tax law. Australia, Canada, the European Communities, Japan and the United States requested to join the supplemental consultations. China informed the DSB that it had accepted the requests of Australia, Canada, the European Communities, Japan and the United States to join the supplemental consultations.

On 12 July 2007, Mexico requested the establishment of a panel. At its meeting on 24 July 2007, the DSB deferred the establishment of a panel.

Panel and Appellate Body proceedings

At its meeting on 31 August 2007, the DSB established a single panel for this dispute and dispute WT/DS358. Australia, Canada, Chile, the European Communities, Japan, Chinese Taipei and Turkey reserved their third-party rights. Subsequently, Argentina, Colombia and Egypt reserved their third-party rights.

Withdrawal/termination

On 7 February 2008, China and Mexico informed the DSB that they had reached an agreement in relation to this dispute, in the form of a memorandum of understanding.

Explanation / Answer

The Leadership Agenda

A leader's agenda is a personal plan for guiding the organization. It's not a business plan in the traditional sense. An agenda is a set of themes and priorities requiring action and progress in a given period of time. The agenda includes the main message and identifies critical issues needing attention.

Relational leadership

Relational leadership requires a way of engaging with the world in which the leader holds herself/himself as always in relation with, and therefore morally accountable to others; recognizes the inherently polyphonic and heteroglossic nature of life; and engages in relational dialogue. This way of theorizing leadership also has practical implications in helping sensitize leaders to the importance of their relationships and to features of conversations and everyday mundane occurrences that can reveal new possibilities for morally-responsible leadership. We develop and illustrate the notion of relational leadership by drawing on the work of Bakhtin and Ricoeur, and on an empirical study of Federal Security Directors

Theory U

When leaders develop the capacity to come near to that source, they experience the future as if it were "wanting to be born" - an experience called "presencing." That experience often carries with it ideas for meeting challenges and for bringing into being an otherwise impossible future. Theory U shows how that capacity for presencing can be developed. Presencing is a journey with five movements: As the diagram illustrates, we move down one side of the U (connecting us to the world that is outside of our institutional bubble) to the bottom of the U (connecting us to the world that emerges from within) and up the other side of the U (bringing forth the new into the world). On that journey, at the bottom of the U, lies an inner gate that requires us to drop everything that isn't essential. This process of letting-go (of our old ego and self) and letting-come (our highest future possibility: our Self) establishes a subtle connection to a deeper source of knowing. The essence of presencing is that these two selves - our current self and our best future Self - meet at the bottom of the U and begin to listen and resonate with each other. Once a group crosses this threshold, nothing remains the same. Individual members and the group as a whole begin to operate with a heightened level of energy and sense of future possibility. Often they then begin to function as an intentional vehicle for an emerging future.

Seven Theory U Leadership Capacities
The journey through the U develops seven essential leadership capacities.

1. Holding the space of listening.
The foundational capacity of the U is listening. Listening to others. Listening to oneself. And listening to what emerges from the collective. Effective listening requires the creation of open space in which others can contribute to the whole.

2. Observing.
The capacity to suspend the "voice of judgment" is key to moving from projection to true observation.

3. Sensing.
The preparation for the experience at the bottom of the U - presencing - requires the tuning of three instruments: the open mind, the open heart, and the open will. This opening process is not passive but an active "sensing" together as a group. While an open heart allows us to see a situation from the whole, the open will enables us to begin to act from the emerging whole.

4. Presencing.
The capacity to connect to the deepest source of self and will allows the future to emerge from the whole rather than from a smaller part or special interest group.

5. Crystalizing.
When a small group of key persons commits itself to the purpose and outcomes of a project, the power of their intention creates an energy field that attracts people, opportunities, and resources that make things happen. This core group functions as a vehicle for the whole to manifest.

6. Prototyping.
Moving down the left side of the U requires the group to open up and deal with the resi

Related Questions

Navigate

• Browse (All)
• Browse A
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.